Legal Question in Family Law in Washington

Re: motion of contempt

Assuming there is not something in your Order of Support that requires you to use Alternative Dispute Resolution, you can present a motion to show cause why your spouse should not be held in contempt, and get an order to show cause. That is typically done in ex parte. The actual substantive hearing is done before a family law commissioner. There are some local rules that affect time and calendaring.

Re: motion of contempt

The "what can you do" is simple

First you can file a show cause in court. You would file a motion with the Judge who issued the ruling to issue a Rule to Show Cause why she should not be held in Contempt of Court for violating a Court Order. This is a civil case wherein she would be held in contempt and then ordered to make restitution to you in the amount you suffered or the amount she benefitted.

If you have both been taking the deducation (you legitimately, she not) then the IRS is going to catch up with one or both of you. You would then have to defend yourself by standing on the Court Order. She would have no such defense and could bein big trouble with them. You could, of course, drop a dime and turn her in, but I do not suggest that. She is your child's mother and I see no sense in making a felon out of her even if she deserves it. It would only harm your child.

If the Order was part of a divorce and you have to show cause her, In Virginia most courts require you first file a motion to Reopen the case. Then file the show cause.

These are not simple procedures and an experienced attorney is necessary to guide you through it.

Good luck.